logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.07.18 2018고단864
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 10, 2018, the Defendant has been able to bring high-income profits from a person who has no name to the name of the Defendant.

After exchanging the check card with each other in order to make a remittance related to business funds, the money deposited into the account of the name-free winner shall be exempted from remitting to the account under the name of the defendant.

Upon receipt of a proposal stating that the remittance of KRW 6 million will be KRW 300,000,000,000 was made, and on January 12, 2018, at a high-speed bus terminal located in 14:00,000, each one of the physical card, each connected to the Defendant’s name B Bank Account (C) and D Bank Account (E) was delivered to the Defendant, using the cargo address.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiries about the transaction specifications by account and each transaction details;

1. Application of the statutes governing an application for opening an account;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant lent multiple accessible media; (b) the Defendant lent access media to the Defendant used for the crime of Bophishing fraud; (c) there is no criminal record; (d) the Defendant did not obtain profits from the instant crime; and (e) favorable circumstances such as the Defendant’s failure to obtain profits from the instant crime; and (e) the Defendant’s age, health status, family environment; (c) the motive and circumstance of the instant crime; and (d) other favorable conditions for sentencing, such as the following circumstances.

arrow